Delaware Cases ©   Coverage   Help   Search Westlaw   Topic: AllBusiness Organizations LawCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilityProfessional MalpracticeReal PropertyTort Law Re: PALMA, INC. v. CLAYMONT FIRE COMPANY, NO. 1, et al. , Del.Super., November 18, 2009 Upon ABHA Architects, Inc.'s Motion to Dismiss. GRANTED. Paul Cottrell, Esquire, Justin P. Callaway, Esquire, Tighe & Cottrell, P.A., Wilmington, DE. Eric J. Monzo, Esquire, Morris James, LLP, Wilmington, DE. Donald Logan, Esquire, Logan & Associates, LLC, New Castle, DE. JOSEPH R. SLIGHTS, III, Judge. Dear Counsel: Defendant, ABHA Architects, Inc. ("ABHA"), has moved to dismiss the tort-based claims alleged against it by Plaintiff, Palma, Inc. ("Palma"), in a case involving a... STATE of Delaware v. Sean KELLY, Defendant. , Del.Super., November 18, 2009 ORDER JOHN A. PARKINS, JR., Judge. This 18th day of November 2009, upon consideration of Defendant's Motion to Suppress, it appears to the Court that: 1. Defendant filed a motion to suppress on November 5, 2009. The motion states, in its entirety: NOW COMES THE DEFENDANT, Sean Kelly, through counsel, who moves to suppress any in-court identification testimony, of any witness, of the Defendant, that is tainted by any overly suggestive or unfair photographic displays. 2. On November 1... In The Matter of the Petition of Daniel PASKINS for a Writ of Mandamus. , Del.Supr., November 17, 2009 Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 17th day of November 2009, the Court has considered the petition for a writ of mandamus filed by Daniel Paskins, the Clerk's notice and corrected notice to show cause, Paskins' response to the notice to show cause, and the answer and motion to dismiss filed by the State of Delaware. Paskins asks this Court to compel the Court of Common Pleas to provide him with papers relating to a preliminary hearing. Paskins ... DELTA ETA CORPORATION, Plaintiff Below-Appellant, v. UNIVERSITY OF DELAWARE, Defendant Below-Appellee. , Del.Supr., November 17, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 07C-04-580. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 17th day of November, it appears to the Court that: (1) The plaintiff-appellant, Delta Eta Corporation, has moved to dismiss its own appeal as well as the cross-appeal of the defendant-appellee, the University of Delaware, on the ground that both the appeal and cross-appeal are interlocutory under Sup... Peter MALTBY, Defendant Below, Appellant, v. SECURITY NETWORKS, LLC, Plaintiff Below, Appellee. , Del.Supr., November 17, 2009 Court Below--Court of Chancery of the State of Delaware, C.A. No. 2939. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 17th day of November 2009, upon consideration of the Clerk's notice to show cause, the appellant's response to the notice and the appellee's answer to the appellant's response, it appears to the Court that: (1) In this appeal from an action in the Court of Chancery, the defendant- appellant, Peter Maltby, has appealed a master's orde... Timothy BOYER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 16, 2009 Court Below: Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0703017222. Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER MYRON T. STEELE, Chief Justice. This 16th day of November 2009, it appears to the Court that: (1) Timothy Boyer appeals his conviction for several drug-related charges [FN1] following a three-day jury trial during which he represented himself with standby counsel. Boyer contends the Superior Court judge erred by... William PENNEWELL, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 16, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0701007721. Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER HENRY DuPONT RIDGELY, Justice. This 16th day of November 2009, it appears to the Court that: (1) On October 8, 2009, the Court received the appellant's notice of appeal from the Superior Court's August 31, 2009 order denying his motion for postconviction relief. Pursuant to Supreme Court Rule 6, a timely notice of... Cory D. WASHINGTON, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 16, 2009 Court Below-Superior Court of the State of Delaware, in and for New Castle County, ID No. 0808021606. Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER HENRY DuPONT RIDGELY, Justice. This 16th day of November 2009, it appears to the Court that: (1) Defendant-Appellant Cory Washington appeals from his Superior Court conviction of delivery of heroin. [FN1] Washington contends that the Superior Court erred by denying his motion for judgment of acquittal because insuffic... Luca MINNA and Laura Garrone, Defendants-Below, Appellants, v. ENERGY COAL S.P.A. and Italiana Coke, S.p.A., Plaintiffs-Below, Appellees. , Del.Supr., November 16, 2009 Court Below: Court of Chancery of the State of Delaware, C.A. No. 3780-VCS. Upon appeal from the Court of Chancery. AFFIRMED. John L. Reed, Esquire (argued) and Denise Seastone Kraft, Esquire, Edwards Angell Palmer & Dodge LLP, Wilmington, Delaware, for appellants. Christian Douglas Wright, Esquire, Mary F. Dugan, Esquire, and James L. Higgins, Esquire, Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware; Of Counsel: Joseph De Simone, Esquire (argued) and Michelle J. Annunziata, Esqu... Lashanda SPENCER as Administratrix of the Estate of Muriel Stewart, and Lashanda Spencer Individually, Plaintiff, v. John GOODILL, M.D., Defendant. , Del.Super., November 13, 2009 Upon Defendant's Motion for Partial Summary Judgment. DENIED. Kenneth M. Roseman, Esquire, Kenneth Roseman, P.A., Wilmington, Delaware, Attorney for Plaintiff. Bradley J. Goewert, Esquire and Lorenza A. Wolhar, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, Delaware, Attorneys for Defendant. MEMORANDUM OPINION COOCH, J. I. Introduction This Motion for Partial Summary Judgment arises out of a wrongful death claim brought by Plaintiff, Lashanda Spencer, against Defendant, ... Joel LEFKOWITZ, Ira Lefkowitz, Thomas Dougherty, Brian Sakosits, and Investments Corp., Plaintiffs, v. HWF HOLDINGS, LLC and Hoboken Wood Flooring, LLC, Defendants. , Del.Ch., November 13, 2009 Michael F. Bonkowski, Esquire, Cole Schotz Meisel Forman & Leonard, P.A., Wilmington, Delaware; Howard M. Cooper, Esquire, Julie E. Green, Esquire, Joseph L. Sulman, Esquire, Todd & Weld LLP, Boston, Massachusetts; Attorneys for Plaintiffs. Philip A. Rovner, Esquire, Potter Anderson & Corroon LLP, Wilmington, Delaware; Terrence J. Dee, P.C., Drew G.A. Peel, Esquire, Kirkland & Ellis LLP, Chicago, Illinois; Attorneys for Defendants. MEMORANDUM OPINION PARSONS, Vice Chancellor. This action... STATE of Delaware v. Millard PRICE. , Del.Super., November 13, 2009 Upon Defendant's Motion to Dismiss or Merge Counts 2, 4, 8, 11, 13, 15 and 18. Denied. ORDER RICHARD F. STOKES, Judge. Introduction. In this capital murder case, Defendant Millard Price moves the Court to merge or dismiss the eight counts of Possession of a Firearm During the Commission of a Felony (PFDCF), as charged against him in the indictment. [FN1] Defendant argues that these charges violate his protection under the Double Jeopardy Clause because the State does not allege that he posses... STATE of Delaware v. Scott T. BROWN, Defendant. , Del.Super., November 13, 2009 MEMORANDUM OPINION HERLIHY, Judge. Scott Brown has moved for postconviction relief. Previously, his motion for reduction of sentence was denied. He makes these claims: (1) prosecutorial misconduct for mentioning at sentencing two unrelated gun charges for which he had not been convicted; (2) ineffective assistance of counsel at sentencing for not objecting to the prosecutor's remarks and not making the State abide by the sentencing recommendation in the plea agreement; and (3) ineffective ass... Re: William OLIVER and Deborah Oliver v. NRG ENERGY, INC. , Del.Super., November 12, 2009 William Oliver, Deborah Oliver, Dagsboro, DE. Suzanne M. Bachovin, Esquire Goldberg Segalla LLP, Philadelphia, PA. Shawn P. Tucker, Esquire, Chandra J. Rudloff, Esquire, Drinker Biddle & Reath, LLP, Wilmington, DE. Letter Opinion E. SCOTT BRADLEY, Judge. Dear Mr. And Mrs. Oliver and Counsel: This is my decision on NRG Energy, Inc.'s motion for summary judgment in this case where a tree on NRG's property fell on the Olivers' van during a storm. NRG owns a power plant near Millsboro,... Vincent CLEVELAND, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 12, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0301006634. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 12th day of November 2009, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Vincent Cleveland, filed an appeal from the Superior Court's June 23, 2009 order adopting the April 22, 2009 report of the Superior Court Commissioner... Frank and Jo-Ann MANDARANO, Plaintiffs Below, Appellants, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY, Defendant Below, Appellee. , Del.Supr., November 12, 2009 Court Below: Superior Court of the State of Delaware, in and for New Castle County, C.A. Nos. 06C-03-047 and 05C-03-047. Before BERGER, JACOBS and RIDGELY, Justices. ORDER CAROLYN BERGER, Justice. This 12th day of November 2009, the Court, having considered this matter on the briefs and the oral argument of the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Superior Court in its May 29, 2009 Opinion and Order; NOW, T... Joseph CHAMBERS, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 12, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0305016220. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 12th day of November 2009, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Joseph Chambers, filed an appeal from the Superior Court's December 10, 2008 order denying his motion for postconviction relief pursuant to Superior C... Jermaine L. KING, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 12, 2009 Court Below--Superior Court of the State of Delaware, in and for Sussex County, Cr. I.D. No. 0805039623. Upon appeal from the Superior Court. AFFIRMED. Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for appellant. Abby Adams, Esquire, Department of Justice, Georgetown, Delaware, for appellee. Before HOLLAND, JACOBS and RIDGELY, Justices. HOLLAND, Justice. This is defendant-appellant Jermaine King's ("King") direct appeal from several drug-related... The RESERVES DEVELOPMENT CORPORATION and The Reserves Management Corporation, Plaintiffs, v. William ESHAM, Defendant. , Del.Super., November 10, 2009 UPON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GRANTED in part and DENIED in part. Steven Schwartz, Esq., Schwartz & Schwartz, Dover, Delaware, Attorney for Plaintiffs. Richard E. Berl, Jr., Esq., Smith O'Donnell Feinberg & Berl, LLP, Georgetown, Delaware, Attorney for Defendant. ABLEMAN, Judge. I. Introduction In an arrangement that most first-year law students could have identified as potentially problematic, Defendant William Esham ("Esham") entered into an agreement with Plaintiffs fo... STATE of Delaware, v. Kevin GUNTER, Defendant. , Del.Super., November 10, 2009 ORDER JOHN E. BABIARZ, JR., Judge. On this 10th day of November, 2009, upon consideration of Defendant's Motion to Withdraw Guilty Plea and review of the transcript of the plea colloquy, it appears that: 1) Kevin Gunter, (the "Defendant"), pled guilty to Possession with Intent to Deliver--Heroin on September 30, 2009, and sentencing is pending. 2) The Defendant asserts in his motion that he made a bad decision as to the plea because he was pressured, ignorant as to the law, and scared. ... eBAY DOMESTIC HOLDINGS, INC. v. NEWMARK, et al. , Del.Ch., November 9, 2009 William M. Lafferty, Samuel T. Hirzel, Ryan D. Stottmann, Pauletta J. Brown, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE. Arthur L. Dent, Michael A. Pittenger, Berton W. Ashman, Jr., Potter Anderson & Corroon LLP, Wilmington, DE. Anne C. Foster, Catherine G. Dearlove, Brock E. Czeschin, Jennifer J. Veet, Thomas A. Uebler, Richards Layton & Finger, P.A., Wilmington, DE. WILLIAM B. CHANDLER III, Chancellor. Dear Counsel: For the reasons briefly mentioned herein, I grant in... STATE of Delaware v. Millard PRICE. , Del.Super., November 9, 2009 Upon Defendant's Motion to Dismiss, or in the alternative, Merge the Possession of a Firearm Charges into a Single Count because they Violate the Protection Afforded by the Double Jeopardy Clause. DENIED. ORDER RICHARD F. STOKES, Judge. In this capital murder case, Defendant has moved to dismiss four counts of possession of a firearm during the commission of a felony (PFDCF), or, in the alternative, to merge them into one count. Each PFDCF count is related to one count of aggravated menacing ... DYNCORP; Dyncorp International, LLC; Dyncorp Technical Services, LLC n/k/a CSC Applied Technologies, LLC; and Dyncorp Aerospace Operations, LLC, Plaintiffs, v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON; Certain London Market Insurers; and Does 3-20, , Del.Super., November 9, 2009 Upon Plaintiffs, Dyncorp, DynCorp Technical Services, LLC n/k/a CSC Applied Technologies, LLC and DynCorp International, LLC's Motions for Partial Summary Judgment: GRANTED. David Baldwin, Esquire and Jennifer C. Wasson, Esquire, Potter Anderson & Corroon, LLP, Wilmington, DE, Finley T. Harckham, Esquire and Alex D. Hardiman, Esquire, Anderson Kill & Olick, P.C., New York, NY, for Plaintiffs. Thaddeus J. Weaver, Esquire, Christie, Pabarue, Mortensen & Young, P.C., Wilmington, DE, Ann C. Taylo... Mahyar AMIRSALEH, Plaintiff, v. BOARD OF TRADE OF the CITY OF NEW YORK, INC., and Intercontinental Exchange, Inc., Defendants. , Del.Ch., November 9, 2009 Elizabeth M. McGeever and Melissa N. Donimirski, of Prickett, Jones & Elliott, P.A., Wilmington, Delaware; of counsel: Jonathan S. Shapiro, Robert J. Shapiro, and Kerry C. Foley, of The Shapiro Firm, LLP, New York, New York, Attorneys for Plaintiff. Donald J. Wolfe, Jr., Michael A. Pittenger, and Berton W. Ashman, Jr., of Potter Anderson & Corroon LLP, Wilmington, Delaware, Attorneys for Defendants. MEMORANDUM OPINION CHANDLER, Chancellor. The sole remaining issue in this litigation is w... CRESCENT/MACH I PARTNERS L.P., Jefferies & Co., Inc., TCW Shared Opportunity Fund II LP, Shared Opportunity Fund IIB LLC, TCW/Crescent Mezzanine Investments Partners, L.P., TCW/Crescent Mezzanine Partners, L.P., TCW/Crescent Mezzanine Trust, TCW Leve, Del.Supr., November 9, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 9th day of November 2009, upon consideration of the appellants' amended notice and amended supplemental notice of appeal from an interlocutory order, it appears to the Court that: (1) The appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from the Superior Court's opinion dated September 30, ... Donna SHORTRIDGE, Plaintiff Below-Appellant, v. DELAWARE HOSPICE, Defendant Below-Appellee. , Del.Supr., November 9, 2009 Court Below: Superior Court of the State of Delaware in and for Sussex County, CA No. S08C-11-017. Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER HENRY DUPONT RIDGELY, Justice. This 9th day of November 2009, it appears to the Court that: (1) Plaintiff-Appellant Donna Shortridge ("Shortridge") appeals from a June 18, 2009, decision of the Superior Court granting summary judgment to Defendant-Appellee Delaware Hospice ("Employer") on her claim for liquidated damage... Dean BLACK, Petitioner Below-Appellant, v. STATE of Delaware, Respondent Below-Appellee. , Del.Supr., November 6, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 09M-07-018. ORDER HENRY DUPONT RIDGELY, Justice. This 6th day of November 2009, it appears to the Court that, on October 19, 2009, the Clerk of the Court issued a notice to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's failure to diligently prosecute the appeal by not filing his opening brief and appendix. The appellant has failed to resp... IVIZE OF MILWAUKEE, LLC, a Delaware Limited Liability Company, and Ivize of Kansas City, LLC, a Delaware Limited Liability Company, Plaintiffs Below, Appellants, v. COMPEX LITIGATION SUPPORT, LLC, a Delaware Limited Liability Company, and Compex Le, Del.Supr., November 6, 2009 Court Below--Court of Chancery of the State of Delaware, C.A. Nos. 3158 and 3406. ORDER JACK B. JACOBS, Justice. This 6th day of November 2009, it appears to the Court that: (1) On August 10, 2009, Ivize of Milwaukee, LLC, and Ivize of Kansas City, LLC (collectively "Ivize"), through counsel, filed a notice of appeal from a final order of the Court of Chancery in breach of contract actions that were tried together. By Order dated September 23, 2009, Ivize's counsel was granted leave to w... Re: STATE of Delaware v. Troy C. HUDSON. , Del.Super., November 6, 2009 Troy C. Hudson, Georgetown, DE. RICHARD F. STOKES, Judge. Dear Mr. Hudson Pending before the Court is a motion for postconviction relief which Troy C. Hudson ("defendant") has filed pursuant to Superior Court Criminal Rule 61 ("Rule 61"). This is my decision denying the motion. Defendant was arrested on January 15, 2007, on charges of trafficking in cocaine, possession with intent to deliver a narcotic Schedule II controlled substance ("cocaine"), possession of drug paraphernalia, p... STATE of Delaware, Plaintiff, v. Ralph DUONNOLO, Defendant. , Del.Super., November 4, 2009 ORDER JOHN A. PARKINS, JR., Judge. In 1977 Defendant was convicted of murder in the first degree for the slaying of Rochelle Annette van Kellenburg. He stabbed the victim six times on the right side of her chest, six times on the left side of her chest, three times in her back and inflicted multiple contusions on the victim's head, neck, jaw and left forearm. After a trial by jury Defendant was found guilty of murder in the first degree as well as possession of a deadly weapon during the comm... In the Matter of the Petition of James A. WILSON for a Writ of Mandamus. , Del.Supr., November 4, 2009 Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 4th day of November 2009, upon consideration of the petition for a writ of mandamus filed by James A. Wilson and the State's answer and motion to dismiss, it appears to the Court that: (1) In July 2000, in the Superior Court in Kent County, Wilson pled guilty and was sentenced on charges of Harassment and Possession of a Firearm by a Person Prohibited. [FN1] In September 2001, following a Superior Court jury... Virginia FOLEY, Plaintiff Below, Appellant, v. WASHINGTON GROUP INTERNATIONAL, INC., as Successor to Raytheon Constructors, Inc., as Successor to UE & C-Catalytic, Inc., as Successor to Catalytic Inc., as Successor to Catalytic Construction Company, Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County. Before HOLLAND, BERGER and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 4th day of November 2009, upon consideration of the appellees' motion to dismiss, the appellant's response to the motion and the appellees' reply, it appears to the Court that: (1) In July 2007, the appellant, Virginia Foley, brought an asbestos-related personal injury complaint in the Superior Court. Foley named dozens of... Anthony W. STEVENS, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff BelowAppellee. , Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware, in and for Kent County, Cr. ID No. 0809001791. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 4th day of November 2009, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that: (1) The defendant-appellant, Anthony W. Stevens, filed an appeal from the Superior Court's September 14, 2009 order denying ... James HAYES, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County Cr. ID 93007853DI. Before BERGER, JACOBS, and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 4th day of October 2009, it appears to the Court that: (1) On October 5, 2009, the Court received appellant's notice of appeal from a Superior Court order, dated August 18, 2009, which sentenced appellant on a probation violation. Pursuant to Supreme Court Rule 6, a timely notice of appeal should have b... Earle MOORE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0812010704. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 4th day of November 2009, upon consideration of the Clerk's notice to show cause, the appellant's response to the notice, and the appellee's answer to the response to the notice, it appears to the Court that: (1) On September 2, 2009, the appellant, Earle Moore, was sentenced on a finding that he ha... Augustus H. EVANS, Jr., Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware, in and for Sussex County, Cr. ID No. 0609011528A. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 4th day of November 2009, it appears to the Court that: (1) The defendant-appellant, Augustus H. Evans, Jr., filed an appeal from the Superior Court's July 6, 2009 order denying his motion for postconviction relief pursuant to Superior Court Criminal Rule 61. The plaintiff-appellee, the State of Delawa... Shannon JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 4, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. I.D. No. 0609017045. Upon appeal from the Superior Court. AFFIRMED. James J. Haley, Jr., Esquire, Ferrara & Haley, Wilmington, Delaware, for appellant. Paul R. Wallace, Esquire (argued), Danielle J. Brennan, Esquire, James T. Wakley, Esquire and Karin M. Volker, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, for appellee. Before STEELE, Chief Justice, HOLLAND, BERGE... Brian HEATH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 4, 2009 Court Below Superior Court of the State of Delaware in and for Kent County, Cr. ID No. 0003019508. Upon appeal from the Superior Court. REVERSED. Charles M. Oberly, III, Drinker Biddle & Reath LLP, Wilmington, Delaware, for Intervenor on behalf of appellant. John Williams, Department of Justice, Dover, Delaware, for appellee. Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the court en banc. STEELE, Chief Justice. The Governor, as the Bo... RESERVES DEVELOPMENT LLC and The Reserves Development Corporation, Plaintiffs- Below, Appellants, v. CRYSTAL PROPERTIES, LLC, Bella Via, LLC, William Esham, William Buchanan, Jr., Eyal Elboim and Yitshak Refaeli, Defendants-Below, Appellees. , Del.Supr., November 4, 2009 Court Below: Superior Court of the State of Delaware, in and for Sussex County, C.A. No. 05c-11-011. Upon appeal from the Superior Court. AFFIRMED in part and REVERSED in part. Edward M. McNally and Fotini A. Antoniadis, Morris James LLP, Wilmington, Delaware for appellants. Richard E. Berl, Jr., Smith O'Donnell Feinberg & Berl, LLP, Georgetown, Delaware, attorney for appellees. STEELE, Chief Justice, HOLLAND and BERGER, Justices. STEELE, Chief Justice. In this second appeal fro... STATE of Delaware v. Millard PRICE. , Del.Super., November 3, 2009 Upon Defendant's Motion to Declare the Death Penalty Statute Unconstitutional. Denied. ORDER RICHARD F. STOKES, Judge. Defendant Millard E.Price was indicted for First Degree Murder, as well as related offenses, in connection with the death of Keith K. Kirby. The State plans to seek the death penalty if the jury finds Defendant guilty of First Degree Murder. See11 Del. C. § 4209. As the requisite statutory aggravating factor, the State intends to prove that Defendant has previously been found... STATE of Delaware v. Terrell A. GEE, Defendant. , Del.Super., November 3, 2009 Upon Defendant's Motion for Postconviction Relief. DENIED. Diane C. Walsh, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State. Terrell A. Gee, Smyrna, Delaware, pro se. ORDER COOCH, J. This 3rd day of November, 2009 upon consideration of Defendant's motion for postconviction relief, it appears to the Court that: 1. Defendant, Terrell Gee, was charged with committing five counts of Rape Second Degree. The alleged victim in the case was... Edward HILL, Jr., Employee-Appellant, v. BUMBLE BEE TRANSPORTATION, Employer-Appellee, and Unemployment Insurance Appeal Board of the State of Delaware, Appellee. , Del.Super., November 3, 2009 Upon Consideration of Appellant's Appeal From Decision of The Unemployment Insurance Appeal Board AFFIRMED ORDER VAUGHN, President Judge. Upon consideration of the appellant's brief of the parties and the record of the case, it appears that: [FN1] FN1. The appellee declined to file a brief. 1. Edward Hill Jr. appeals from a decision of the Unemployment Insurance Appeal Board that denied his petition for unemployment compensation. The Board decided that the claimant voluntarily left his emplo... Renee HACK, Petitioner, v. STATE of Delaware, Respondent. , Del.Super., November 3, 2009 COMMISSIONER'S ORDER Petitioner Renee Hack ("petitioner") has filed a petition pursuant to 16 Del. C. § 4784(j) [FN1] and Superior Court Civil Rule 71.3(c) [FN2] seeking the return of a 1997 Ford Explorer, VIN# 1FMDU34X2VUB20523 ("the vehicle"), which was seized from her son Antonio Hack ("Antonio") when he was arrested, on February 28, 2009, on charges of possession with intent to deliver a non-narcotic schedule I controlled substance; maintaining a vehicle for keeping controlled substance... Pascual TERCERO, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 3, 2009 Court Below--Superior Court of the State of Delaware, in and for Sussex County, Cr. ID Nos. 0803013003A, 0803013003B and 0804002368. Before BERGER, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 3rd day of November 2009, upon consideration of the appellant's opening brief filed pursuant to Supreme Court Rule 26(c), his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that: (1) The defendant-appellant, Pascual Tercero, was fou... Terrell TWYMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 3, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0006003916. Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER HENRY DuPONT RIDGELY, Justice. This 3rd day of November 2009, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that: (1) The appellant, Terrell Twyman, filed this appeal from the Superior Court's December 4, 2008 d... James A. WILSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 3, 2009 Court Below--Superior Court of the State of Delaware in and for Kent County, C.A. No. 09M-06-009. Before HOLLAND, BERGER and RIDGELY, Justices. ORDER RANDY J. HOLLAND, Justice. This 3rd day of November 2009, it appears to the Court that: (1) The appellant, James A. Wilson, filed an appeal from the Superior Court's July 2, 2009 denial of his petition for a writ of habeas corpus. The appellee, State of Delaware, has moved to affirm the Superior Court's judgment on the ground that it i... Christopher BETTS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 3, 2009 Court Below: Superior Court of the State of Delaware, in and for Sussex County, Cr. ID No. 0503001816. Upon appeal from the Superior Court. AFFIRMED. Edward C. Gill, Law Office of Edward C. Gill, P.A., Georgetown, Delaware, for appellant. Abby Adams, Department of Justice, Georgetown, Delaware, for appellee. Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. STEELE, Chief Justice. A Superior Court judge found that Christopher Betts failed to comply with the terms of hi... STATE of Delaware, v. Jermaine HOWARD, Defendant. , Del.Super., November 2, 2009 ORDER JOHN E. BABIARZ, JR., Judge. On this 2nd day of November, 2009, upon consideration of the Defendant's Motion for Postconviction Relief, the Commissioner's Report and Recommendation that Defendant's Motion for Postconviction Relief be Summarily Dismissed, and the record in the case, it appears that: 1) The Court referred this Motion to Superior Court Commissioner Lynne M. Parker pursuant to 10 Del. C. § 512(b) and Superior Court Rule 62 for proposed findings of facts and conclusions o... Keino S. CHRICHLOW, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0611011396. ORDER JACK B. JACOBS, Justice. This 2nd day of November 2009, it appears to the Court that: (1) On October 15, 2009, the appellant, Keino S. Chrichlow, filed a notice of appeal from the Superior Court's September 17, 2009 denial of his request for transcript at State expense. It appears that Chrichlow seeks the preparation of transcript to pursue postconviction relief. On October ... Roan NOBLE, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0603009243. Before HOLLAND, BERGER and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 2nd day of November 2009, upon consideration of the appellant's opening brief and the appellee's motion to remand, it appears to the Court that: (1) The defendant-appellant, Roan Noble, filed an appeal from the Superior Court's August 7, 2009 order denying his motion for Level V credit time. The plai... Beverly THOMPKINS, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 09M-08-016, (Cr. ID No. 0811008522). Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER JACK B. JACOBS, Justice. This 2nd day of November 2009, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that: (1) The defendant-appellant, Beverly Thompkins, filed an appeal from the Superio... In re APPRAISAL OF METROMEDIA INTERNATIONAL GROUP, INC. , Del.Supr., November 2, 2009 Court Below: Court of Chancery of the State of Delaware, C.A. No. 3352. Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER JACK B. JACOBS, Justice. This 2nd day of November 2009, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Court of Chancery should be affirmed on the basis of and for the reasons set forth in its decisions dated April 16, 2009 and May 28, 2009, and its final judgme... Ronald HAZZARD, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 2, 2009 Court Below-Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0807032179. Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER RANDY J. HOLLAND, Justice. This 2nd of November 2009, upon consideration of the appellant's brief filed pursuant to Supreme Court Rule 26(c), his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that: (1) In January 2009, a Superior Court jury convicted the appellant, Ronald H... Booker T. MARTIN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 88008252DI. Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER RANDY J. HOLLAND, Justice. This 2nd day of November 2009, upon consideration of the briefs of the parties [FN1] and the Superior Court record, it appears to the Court that: FN1. The appellant's documents entitled "Motion for Judgment on the Record for Relief from Illegal Sentence and Remand to Court Below" fi... Montrez BROWN, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0810006006. Before HOLLAND, BERGER, and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 2nd day of November 2009, upon consideration of the appellant's Supreme Court Rule 26(c) brief, his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that: (1) The defendant-appellant, Montrez Brown (Brown), pled guilty to one count of possession of a firearm by ... Andra L. MANUEL, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., November 2, 2009 Court Below--Superior Court of the State of Delaware in and for Kent County, Cr. ID Nos. 0111015184A, 0111015184C. Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER RANDY J. HOLLAND, Justice. This 2nd day of November, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that: (1) The appellant, Andra L. Manuel, filed this appeal from the Superior Court's May 29, 2009 denia... Re: AIRBORNE HEALTH INC., et al. v. SQUID SOAP, LP. , Del.Ch., October 30, 2009 William J. Wade, Esquire, Sarah R. Stafford, Esquire, Richards Layton & Finger PA, Wilmington, DE. James S. Green, Esquire, Seitz Van Ogtrop & Green P.A., Wilmington, DE. Joseph J. Bellew, Esquire, Cozen O'Conner, Wilmington, DE. J. TRAVIS LASTER, Vice Chancellor. Dear Counsel: I have received Mr. Green's letter of October 30, 2009, requesting clarification regarding whether my ruling staying discovery in this case extends to subpoenas already served on third parties. It does. ... Re: NEW CASTLE SHOPPING, LLC v. PENN MART DISCOUNT LIQUORS, LTD., et al. , Del.Ch., October 30, 2009 Herbert W. Mondros, Esquire, Margolis Edelstein, Wilmington, DE. Melvin A. Woloshin, Esquire, Williams L. O'Day, Jr., Esquire, Woloshin Lynch Natalie & Gagne, P.A., Wilmington, DE. Sean T. O'Kelly, Esquire, Cross & Simon LLC, Wilmington, DE. J. TRAVIS LASTER, Vice Chancellor. Dear Counsel: In light of the letter from plaintiff's counsel dated October 29, 2009, I wish to clarify and emphasize one aspect of my letter to counsel dated October 27, 2009. My comments regarding the a... CONAGRA FOODS, INC., Plaintiff, v. LEXINGTON INSURANCE CO., Defendant. , Del.Super., October 30, 2009 Upon Cross Motions for Partial Summary Judgment. MEMORANDUM OPINION FRED S. SILVERMAN, Judge. This insurance coverage case is fallout from a salmonella outbreak caused by contaminated peanut butter. The instant motions for summary judgment stem from the insured's breach of contract claims against its insurance carrier. The court must construe the policy's "Lot or Batch" and "Duty to Defend" provisions. As to the former, the insured, ConAgra Foods, Inc., considers the triggering event as ... Michael ROBERTS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., October 30, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID Nos. 0609001737, 0704016372. Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER MYRON T. STEELE, Chief Justice. This 30th day of October 2009, after careful consideration of the parties' briefs and the Superior Court record, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Court's well-reasoned memorandum opinion dated January 20, 2... James R.J. PETTIT, Plaintiff Below Appellant, v. COUNTRY LIFE HOMES, INC., Defendant Below Appellee. , Del.Supr., October 30, 2009 Court Below: Superior Court of the State of Delaware, in and for Sussex County, C.A. No. 03C-03-026. Before STEELE, Chief Justice, BERGER and RIDGELY, Justices. ORDER CAROLYN BERGER, Justice. This 30th day of October 2009, on consideration of the briefs of the parties, it appears to the Court that: 1) James R.J. Pettit appeals from the Superior Court's grant of summary judgment in favor of Country Life Homes, Inc. Pettit was injured while working for a subcontractor at a residential ... Jose D. BEZAREZ, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., October 30, 2009 Holding: The Supreme Court, Berger, J., held that evidence that defendant had fired murder weapon into floor of his mother's apartment, approximately three weeks before he killed victim, was admissible to establish absence of mistake or accident. Affirmed. Court Below: Superior Court of the State of Delaware, in and for New Castle County, Cr. No. 0703000796. Upon appeal from the Superior Court. AFFIRMED. Nicole M. Walker, Esquire, (argued), Office of the Public Defender, Wilmington, Delaw... Re: BRANDT v. CNS RESPONSE, INC., et al. , Del.Ch., October 29, 2009 Richard I.G. Jones, Jr., Toni-Ann Platia, Ashby & Geddes, Wilmington, DE. John L. Reed, Paul D. Brown, Edwards Angell Palmer & Dodge LLP, Wilmington, DE. WILLIAM B. CHANDLER III, Chancellor. Dear Counsel: In order to resolve certain matters in this case and to obviate the need for the November 4 conference, I am ruling as follows: 1. Plaintiff's motion for commission to take Mr. Sellers' deposition is granted. 2. Plaintiff's motion to compel discovery from defendants is grante... Re: EBAY DOMESTIC HOLDINGS, INC. v. NEWMARK, et al. , Del.Ch., October 29, 2009 William M. Lafferty, Samuel T. Hirzel, Ryan D. Stottmann, Pauletta J. Brown, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE. Arthur L. Dent, Michael A. Pittenger, Berton W. Ashman, Jr., Potter Anderson & Corroon LLP, Wilmington, DE. WILLIAM B. CHANDLER III, Chancellor. Dear Counsel: I have carefully reviewed the briefs in support of and in opposition to defendants' motion to compel. In summary, my order on each of the six forms of relief requested by defendants is as follows: ... Re: AIZUPITIS v. ATKINS, et al. , Del.Ch., October 28, 2009 Varis R. Aizupitis, c/o Delaware Psychiatric Center, New Castle, DE. Ronald W. Hartnett, Jr., Esquire, Reger Rizzo & Darnall, LLP, Wilmington, DE. Michael J. Logullo, Esquire, Shelsby & Leoni, P.A., Stanton, DE. Gary W. Alderson, Esquire, Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, DE. Kevin R. Slattery, Esquire, Department of Justice, Wilmington, DE. Phillip Raskin, M.D., Hospital Medical Director, c/o Delaware Psychiatric Center, New Castle, DE. JOHN W. NOB... HITCHENS & LONG v. HASTINGS ESTATE. , Del.Ch., October 28, 2009 Michael F. McGroerty, Esquire, Law Office, Seaford, DE. Crystal E. Long, Chandler, AZ. SAM GLASSCOCK, III, Master in Chancery. Dear Counsel and Ms. Long: After considering the exceptions raised by the plaintiffs, as well as Mr. Hasting's response, it appears that the issues of law and fact raised by plaintiffs in the exceptions are adequately addressed in the bench report of August 13, 2009. Therefore, the transcript of the bench report, together with this letter, shall comprise my ... Re: DUTIEL v. TWEEN BRANDS, INC., et al. Hirsh v. Rayden, et al. , Del.Ch., October 28, 2009 Seth D. Rigrodsky, Brian D. Long, Timothy J. MacFall, Rigrodsky & Long, P.A., Wilmington, DE. David A. Jenkins, Smith, Katzenstein & Furlow LLP, Wilmington, DE. WILLIAM B. CHANDLER III, Chancellor. Dear Counsel: Plaintiff Cheryl Dutiel seeks reargument of the Court's Letter Opinion of October 2, 2009 [FN1] (the "Letter Opinion") appointing Levi & Korsinsky, LLP ("L & K"), the counsel for Plaintiffs Edward Hirsh, Claire Rand, and Sarah Elliott ("Ohio Plaintiffs"), as lead counsel ra... THIRD AVENUE TRUST and Third Avenue Variable Series Trust, Plaintiffs, v. MBIA INSURANCE CORP. and MBIA Insurance Corp. of Illinois, Defendants. , Del.Ch., October 28, 2009 Gregory P. Williams, Esquire, Rudolph Koch, Esquire, Richards, Layton & Finger, P.A., Wilmington, Delaware; Scott A. Edelman, Esquire, Daniel M. Perry, Esquire, Robert C. Hora, Esquire, Milbank, Tweed, Hadley & McCloy LLP, New York, New York, Attorneys for Third Avenue Trust and Third Avenue Variable Series Trust. A. Gilchrist Sparks III, Esquire, S. Mark Hurd, Esquire, D. McKinley Measley, Esquire, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware; Jonathan D. Siegfried, Esquire, Jo... Re: LOUISIANA MUNICIPAL POLICE EMPLOYEES' RETIREMENT SYSTEM v. FERTITTA, et al. , Del.Ch., October 27, 2009 David J. Teklits, Morris Nichols Arst & Tunnell LLP, Wilmington, DE. Stuart M. Grant, Esquire, John C. Kairis, Esquire, Grant & Eisenhoffer P.A., Wilmington, DE. Daniel A. Dreisbach, Esquire, Richards, Layton & Finger, P.A., Wilmington, DE. Richard L. Renck, Esquire, Ashby & Geddes, Wilmington, DE. J. TRAVIS LASTER, Vice Chancellor. Dear Counsel: I have received the correspondence from Mr. Kairis and Mr. Teklits. I particularly appreciate Mr. Teklits' prompt response. I am ... Lester HICKMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., October 27, 2009 Court Below--Superior Court of the State of Delaware, in and for Sussex County, Cr. ID No. 0104000979. Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER RANDY J. HOLLAND, Justice. This 27th day of October 2009, after careful consideration of the opening brief filed by the appellant, Lester Hickman, and the motion to affirm filed by the appellee, State of Delaware, we conclude that the judgment of the Superior Court should be affirmed on the basis of the Court's well-reas... Charles F. BLIZZARD, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., October 27, 2009 Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 83007303DI. Before HOLLAND, BERGER and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 27th day of October 2009, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Charles F. Blizzard, filed an appeal from the Superior Court's December 10, 2008 order denying his motion for postconviction relief pursuant to Superi... LuAnn STRALEY, Appellant Below, Appellant, v. ADVANCE STAFFING, INC., and Unemployment Insurance Appeal Board, Appellees Below, Appellees. , Del.Supr., October 27, 2009 Court Below: Superior Court of the State of Delaware in and for New Castle County, C.A. No. 08A-05-005. Before STEELE, Chief Justice, BERGER and JACOBS, Justices. ORDER JACK B. JACOBS, Justice. This 27th day of October 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that: 1. LuAnn Straley ("Straley"), the appellant-below, appeals from a Superior Court judgment affirming certain decisions of the Unemployment Insurance Appeal B... Gerardo GARDUNO, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., October 27, 2009 Court Below--Superior Court § of the State of Delaware, in and for New Castle County Cr. ID No. 0311010209. Before HOLLAND, BERGER and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 27th day of October 2009, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Gerardo Garduno, filed an appeal from the Superior Court's May 14, 2009 order summarily dismissing his motion for postconviction relief pursuant to S... Re: Krystal OWENS v. Kenneth ANDERSON and AFSCME/DE Public Employees Council 81. , Del.Super., October 26, 2009 On AFSCME/DE Public Employees Council 81's Motion to Dismiss. DENIED. Krystal Owens, New Castle, Delaware. Perry F. Goldlust, Esquire, Wilmington, Delaware. JOHN A. PARKINS, JR., Judge. Dear Ms. Owens and Mr. Goldlust: Defendant AFSCME/DE Public Employees Council 81 has moved to dismiss this pro se complaint. For the reasons which follow that motion is denied. Factual and Procedural History Krystal Owens was employed at DPC from May 2005 through November 2008. In September 2007, K... XU HONG BIN and Kotex Development Corp., Plaintiffs, v. HECKMANN CORPORATION, Richard J. Heckmann, Donald G. Ezzell, Brian R. Anderson, Dan Quayle, Alfred E. Osborne, Jr. Lou L. Holtz, Andrew D. Seidel, and Edward A. Barkett, Defendants. , Del.Ch., October 26, 2009 Kenneth J. Nachbar, of Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, Delaware; Of Counsel: Israel Dahan, of Cadwalader, Wickersham & Taft, LLP, New York, New York, Attorneys for Plaintiffs. Thomas J. Allingham II, Stephen D. Dargitz, and Joseph O. Larkin, of Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, Delaware, Attorneys for Defendants. MEMORANDUM OPINION CHANDLER, Chancellor. Presently before the Court is plaintiffs' motion to dismiss the three counterclaims asserted by ... Shamir A. HANIF, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee. , Del.Supr., October 26, 2009 Court Below--Superior Court of the State of Delaware in and for Sussex County, Cr. ID Nos. 0709019777, 0404013676. Before HOLLAND, BERGER and JACOBS, Justices. ORDER CAROLYN BERGER, Justice. This 26th day of October 2009, upon consideration of the appellant's brief filed pursuant to Supreme Court Rule 26(c), his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that: (1) The defendant-appellant, Shamir A. Hanif, was found to have committed viola... Ellen ANDERSON, Petitioner Below, Appellant, v. Fred LANG, Respondent Below, Appellee. , Del.Supr., October 26, 2009 Court Below--Family Court of the State of Delaware, in and for New Castle County, File No. CN04-08770. ORDER JACK B. JACOBS, Justice. This 26th day of October 2009, it appears to the Court that, on July 21, 2009, the Clerk issued a notice to appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for appellant's failure to diligently prosecute the matter by not filing the lower court record preparation fees. Appellant has failed to respond to the... STATE of Delaware, v. Lekevis WILLIAMS, Defendant. , Del.Super., October 23, 2009 Upon Defendant's Motion for Postconviction Relief--SUMMARILY DISMISSED FRED S. SILVERMAN, Judge. 1. On May 12, 2008, Defendant pleaded guilty to two counts of robbery first degree, two counts of robbery second degree, and seven counts of conspiracy second degree. 2. Defendant confessed to the police and repeatedly told the court that he was the "getaway driver" for a string of armed robberies committed by his codefendant. (The co-defendant also confessed and pleaded guilty). 3. The plea... Jerome SULLINS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. , Del.Supr., October 23, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County, Cr. I.D. No. 0405017780. Before HOLLAND, BERGER and JACOBS, Justices. ORDER JACK B. JACOBS, Justice. This 23rd day of October 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that: 1. Jerome Sullins ("Sullins") appeals from a Superior Court denial of his pro se motion for post-conviction relief. Sullins contends his trial counsel was ineffective ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com